President/Secretary, Agricultural ... vs Ashok Vyanktesh Avatade And 5 Ors. on 22 July, 2025
14 fa608.2009..odt
The said finding of the Reference Court appears contrary to the
mandate in the case of Bharat Sanchar Nigam Limited (supra) that the
Reference Court was not sitting in an appeal against the award to
approve or disapprove its reason or correct its error or affirm,
modify, or reverse the conclusion reached by the LAO. Likewise, the
Reference Court cannot take into account the material relied upon
by the LAO in his award unless the same was produced and proved
before it. But the Reference Court has to treat the reference as an
original proceeding before it and determine the market value afresh
on the basis of the material produced before it.